It is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated (Sec 3, Rule 110). Under this definition, there are three groups of persons who may file a complaint, […]
Legal Questions
216 posts
Where the offense charged is required by law to undergo conciliation proceedings, the same must be referred to the proper barangay official before the courts or prosecution offices may take cognizance of the same. This is so provided in Section 412 of the Local Government Code. The referral of the […]
No. Such failure to include the exact date of the commission of the crime does not render defective the information. It remains valid as long as it distinctly states the elements of the offense and the acts or omissions constitutive thereof. The exact date of the commission of a crime […]
The test is: if the language of the law defining the offense can be separated from the exception that the ingredients of the offense may be accurately and clearly defined without reference to the exception, the latter need not be incorporated in the information because the exception is a matter […]
As a general rule, negative allegations or excepting allegations need not be incorporated in the complaint or information as when they are matters of defense. They must be included only in the information when they form the essential ingredients of the offense charged.
A criminal action is deemed commenced when the appropriate complaint or information is actually filed in court. It is commenced in the name of the People of the Philippines against any person responsible for the commission of the offense (Sec 2, Rule 110).
Proximate cause is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. And more comprehensively, the proximate legal cause is that acting first and producing the injury, either immediately or by setting other […]
Labor legislation consists of statutes, regulations, and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. This definition provides the divisions of labor legislation i.e. labor standards and labor […]
It is the law governing the rights and duties of employers and employees, first with respect to the terms and conditions of employment, and second, with respect to the labor disputes arising from collective bargaining respecting such terms and conditions. The major divisions of Labor Law are: The Law on […]
Labor Relations Law is that which defines the status, rights, and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees, or their representatives. Stated otherwise: It is that body of statutes, rules, principles and doctrines that governs the rights and duties of workers and […]
Labor Standards Law is that which sets out the minimum terms, conditions, and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. Labor standards, as defined more specifically by jurisprudence, are the minimum requirements prescribed by existing […]
It pertains to: The exertion by human beings of physical or mental efforts, or both, towards the productions of goods and services. That sector or group in a society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction (Mendoza, 2001). Labor, […]
All the proceedings had shall be considered a nullity. A judgment rendered is not a bar to subsequent prosecutions or indictments. Lack of jurisdiction over the offense can be raised at any stage of the proceedings. Where the court has no jurisdiction over the offense or subject matter, the only […]
Social Legislation consists of laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. How does Social Legislation differ with Labor Legislation/Law? Note: As per Azucena, “If distinction must be stressed at all [between labor legislation and social legislation], it is […]
It is determined in two ways: Geographical limits of the territory over which it presides; The action (whether criminal or civil) if empowered to hear and decide
Generally, the rules are to be applied to cases pending and remain undetermined at the time of their promulgation. They may not be given retroactive effect if they would affect substantive or vested rights. However, the rules may be applied retrospectively when they are favorable to the accused. NOTE: These […]